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GN lawyer files motion for dismissal in Ell case

Jerry Ell vows to pursue suit after his lawyer drops the case

Jerry Ell says he plans to pursue his lawsuit.

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(FILE PHOTO)

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KIRSTEN MURPHY

The lion’s roar Jerry Ell unleashed when threatening to sue Manitok Thompson a year ago has been stifled by his own inaction.

Ell, a self-employed consultant, has failed to produce evidence — written or otherwise — supporting his Dec. 4, 2001, statement of claim. Ell alleges Thompson cost him a $100,000 development contract for work on the proposed Rankin Inlet health centre.

On Feb. 6, Douglas Wallace, the lawyer representing Thompson on behalf of the GN, filed a motion for dismissal with the Nunavut Court of Justice citing Ell’s failure to substantiate his claims. If Ell does not produce the required paperwork within 30 days of being served, his case will be dropped and he’ll be forced to pay Thompson’s legal costs.

Ell’s suit alleges Thompson, who was then the Government of Nunavut’s minister of public works, used her political position to sabotage his reputation and his contract with Sakku Investments. Thompson is now the minister of community government and transportation.

Ell claims Thompson acted maliciously and that he "suffered a loss of valuable business opportunities" because of her actions — which included bumping him as master of ceremonies from a public event regarding the hospital project.

The former Qikiqtaaluk Corp. president declined to say why he hasn’t filed evidence to back up his claims.

"All the documents are here and will be provided to the court. It just hasn’t been a priority but it is now. I was not focused on the lawsuit but I’m going ahead with it," Ell said in a telephone interview from Winnipeg, where he has lived for the past year.

Dubuc Osland, the Ottawa-based law firm that had been representing him, recently dropped his case.

"I can tell you we’ve ceased representing Jerry, but I can’t tell you why because of solicitor-client privilege. There are a lot of reasons. What I can say is we don’t have instructions from him to pursue the action," lawyer Michael Osland said this week.

Ell said he’s hoping the law firm will take him back.

Ell’s failure to file the necessary paperwork 15 months after launching his case is "inexcusable," said Wallace. He maintains his client did not do what Ell alleges.

"There’s been absolutely no evidence to support the allegation that [Ell had an agreement with Sakku] or that [Thompson] took any action to induce Sakku to breach it," Wallace said.

"Not only did she not conspire or induce Sakku to breach the agreement, she did not know there was such an agreement and so one of the documents we’ve been asking for is to see what evidence there was such an agreement existed."

Ell’s statement of claim makes references to Thompson’s sister, Cathy Towtongie, who was running for the presidency of Nunavut Tunngavik Inc. at the time. Ell has never provided documentation indicating how such a relationship may or may not have affected Sakku’s decision.

Thompson filed a statement of defence on Jan. 20, 2002.

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